Greene v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Martin A. Greene, for the conscious suffering and death of her intestate by reason of injuries received on May 24,1906, while he was in the employ of the defendant as a lineman, from a short circuit of electricity created when the end of a monkey wrench which the plaintiff’s intestate was using came in contact with a large feed cable at a joint or splice, which was alleged to have been in a defective condition in regard to its…
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Tort, by the administratrix of the estate of Martin A. Greene, for the conscious suffering and death of her intestate by reason of injuries received on May 24,1906, while he was in the employ of the defendant as a lineman, from a short circuit of electricity created when the end of a monkey wrench which the plaintiff’s intestate was using came in contact with a large feed cable at a joint or splice, which was alleged to have been in a defective condition in regard to its insulation; the declaration containing five counts, of which only the first and the fourth are material, both alleging a…
1Opinion of the CourtLoring, J.
1. To find for the plaintiff under the charge of the presiding judge the jury had to find that the two million cable hung within the circle described by the end of the monkey wrench as it revolved with its jaws engaged on the end of the bolt of the dog clamp.
The defendant’s first contention is that the evidence did not warrant a finding to that effect.
The intestate and one Powers were engaged in boring a hole through a T iron which ran between two girders at the bottom of one of the underneath trusses of the defendant’s elevated structure. The work of the defendant, of which the boring of the…
2Cases cited5 opinions
- Gilbert v. GuildMassachusetts Supreme Judicial Court · 1887
- Chisholm v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1900
- Jameson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Horne v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Phillips v. J. H. Lockey Piano Case Co.Massachusetts Supreme Judicial Court · 1910
3Cited by6 opinions
- Commonwealth v. NoxonMassachusetts Supreme Judicial Court · 1946
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1951
- Commonwealth v. ThebergeMassachusetts Supreme Judicial Court · 1953
- Commonwealth v. LundinMassachusetts Supreme Judicial Court · 1950
- Hopperman v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1914
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